Party to a Crime

If someone else was driving but you were a passenger in the vehicle, you may be charged as a Party to a Crime. A Party to a Crime can be charged as an Accessory to the Crime but the prosecution must prove that you encouraged or helped the criminal misconduct, and that you shared in the general intent to commit that crime.

Parties to a Crime may be sentenced to the same maximum punishments as the person being charged as the principle in the crime. However, most judges sentence parties to a crime to a lesser sentence because of their lesser role in the crime.

There are various ways in which persons can be jointly liable for, or in respect of, committing a criminal offense. More than one method of collaboration can apply in the same offense.

• A person may be an Accomplice to a principal offender; that is, he may ‘aid, abet, counsel, or procure’ the offense, while not being the direct cause of the Actus Reus.
• Parties can enter into Conspiracy to commit an offense.
• Parties can enter into a Joint enterprise to commit an offense, although it is not clear whether this is distinct from the parties’ being accomplices to each other.

• A person may give Assistance after the offense.
• A person may provide Incitement to another to commit a crime (this is different from the ‘counseling’ required of an accomplice).
• A person may be dissuaded from prosecution by an offer of reward (see: Compounding and misprision).